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2017 (8) TMI 166

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..... Dated:- 3-1-2017 - SHRI H. S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER For The Assessee : Sh. Sandeep Sapra, Adv. For The Revenue : Sh. F.R. Meena, Sr. DR ORDER PER H.S. SIDHU, JM These three appeals are filed by the Assessee against the separate Orders all dated 29.1.2013 passed by the Ld. CIT(A)-XI, New Delhi relating to Assessment Year 2004-05 to 2006-07. Since the issues involved in these appeals are common and identical, hence, the appeals were heard together and are being disposed of by this common order for the sake convenience, by dealing with ITA No. 5947/Del/2013 (AY 2004-05). 2. The grounds raised in 5747/Del/2013 (AY 2004-05) read as under:- 1. That the impug .....

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..... t prejudice, very excessive. 6. That the levy of interest u/s 234B and 234C of the I.T. Act is illegal and at any rate, without prejudice, very excessive. 7. That the Appellant reserves his right to add, amend/modify the grounds of appeal. 3. The grounds raised in 5748/Del/2013 (AY 2005-06) read as under:- 1. That the impugned assessment order dated 12/12/2011 as passed u/s 144/147 read with section 143(3) of I.T. Act is arbitrary and illegal on various factual and legal grounds. The Id. CIT(A) was not justified in upholding the action taken by the AO u/s 147 of the I.T. Act. The impugned assessment order deserves to be cancelled/annulled. 2. That the action of the Id. CIT(A) in relying upon the documents colle .....

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..... read with section 143(3) of I.T. Act is arbitrary and illegal on various factual and legal grounds. The Id. CIT(A) was not justified in upholding the action taken by the AO u/s 147 of the I.T. Act. The impugned assessment order deserves to be cancelled/annulled. 2. That the action of the Id. CIT(A) in relying upon the documents collected from Standard Chartered Bank as made by her part of the appellate order as Annexure A (running in 28 pages) without confronting them to the Appellant in the course of appellate proceedings vitiated the impugned appellate order and consequently, the same deserves to be cancelled/annulled. 3. That without prejudice to the above grounds, the addition of ₹ 5,67,419/- on account of the a .....

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..... IT(A), if this Bench granted an opportunity to the assessee. He filed a small Paper Book containing pages 1 to 33 having the copy of ledger a/c of Standard Chartered Bank showing peak negative cash balance as per the bank statement obtained by the AO directly from the bank for the assessment years 2004-05 to 2006-07; copy of cash book prepared on the basis of above mentioned bank statement obtained by the AO directly from the bank for the following assessment years for the assessment years 2004-05 to 2006-07 and details of total peak negative cash balance and interest income etc. prepared on the basis of the above mentioned bank statement obtained by the AO directly from the bank for the assessment years 2004-05 to 2006-07. He requested tha .....

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